Can I sue my insurance company for bad faith?

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Can I sue my insurance company for bad faith?

I was insured with full coverage on my vehicle on September 2016, in February 2017 I got in a car accident.I filed a claim and it was denied. I called my insurance company, and they had cancelled my insurance on December 2016. They were pulling money from my moms credit card every month. Mind you that she had no other choice given. My mom was issued a new credit card on December 2016 and the numbers changed. My mom was never aware of our insurance lapsing. They said they sent my mom emails. My mom is not familiar with the internet therefore was never notified. We talked to our insurance company saying that we had the money in our account but they said they were unable to pull it out. They said that they will do their

Asked on June 28, 2017 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, there is no bad faith:
1) Your mother's credit card changed, meaning they were not receiving their premiums;
2) They sent emails to your mother, so they provided her notice.
It is not the insurer's fault or responsibiliity that the credit card changed or that your mother is not familiar with email; rather, it was her responsibility to a) update her credit card number with anyone who was on regular or monthly payments from it, and also b) to make sure she read notices sent to her. What happened is unfortunately, but you have not indicated anything that would actually be bad faith on the insurer's part.


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